Maine School Choice

Maine’s law blatantly discriminates against parents based on religion, providing some families with tuition support for the school of their choice but denying that same support to other families. The families who filed the lawsuit qualify for Maine’s tuitioning program in all other respects, but they are excluded from participating only because they chose religious schools for their children. Such discrimination is both unfair and unconstitutional.

IJ and FLI argue not only that the U.S. Supreme Court has given the green light to include religious options in a school choice program, but that a 2017 Supreme Court decision makes it clear that barring parents from choosing religious options when providing families with school choice violates the U.S. Constitution’s Free Exercise and Equal Protection Clauses.

After a panel of the U.S. Circuit Court of Appeals for the First Circuit issued a ruling upholding the Maine law in October 2020, attorneys at the Institute for Justice (IJ) and the First Liberty Institute (FLI) appealed the decision to the U.S. Supreme Court.

The Court granted their motion in July 2021, and heard oral argument in the case, Carson v. Makin, in December 2021.

In June 2022, the Justices ruled 6-3 that states cannot discriminate against parents who select schools that provide religious instruction from participating in student-aid programs.  First Liberty Institute and Institute for Justice (IJ) argued the case at the Supreme Court in December.

In response to the ruling, Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty Institute said, “We are thrilled that the Court affirmed once again that religious discrimination will not be tolerated in this country.  Parents in Maine, and all over the country, can now choose the best education for their kids without fearing retribution from the government.  This is a great day for religious liberty in America.”